2025003624•EEOC Appeal 2025003624
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Hortencia R.,1 Complainant, v. Pete Hegseth, Secretary, Department of War2 (Department of War Education Activity), Agency. Appeal No. 2025003624 Hearing No. 480-2025-00112X Agency No. PE-FY24-021 DECISION On July 8, 2025, Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s June 12, 2025, final order concerning her equal employment opportunity (EEO) complaint of employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. For the following reasons, the Commission AFFIRMS the Agency’s final order. 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 2 Pursuant to Executive Order 14347, Restoring the United States Department of War, issued on Sept. 5, 2025, the Department of Defense is to be known as the Department of War. Any references in the record or decision to the Department of Defense should be read interchangeably as the Department of War.
2025003624 2 At the time of events giving rise to this complaint, Complainant worked as a Principal, TO-1701-KE at the Ryukyu Middle School (“RYMS”), in Okinawa, Japan. On March 19, 2024, Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African American), national origin (African American), and reprisal (instant complaint)3 when: 1. On October 26, 2023, the Pacific South District Superintendent (Superintendent) denied Complainant’s October 19, 2023, leave request, charged her with absence without leave (AWOL), and would not discuss the issue with Complainant; 2. On January 2 – 4, 2024, Complainant served a three-day suspension when on November 24, 2023, the DoDEA Pacific Director issued Complainant the decision to sustain a proposed three-day suspension she had received on November 1, 2023, from the Superintendent; 3. On April 3, 2024, and April 30, 2024, Superintendent issued Complainant Letters of Instruction (LOI)4; 4. On May 2, 2024, Superintendent issued Complainant a proposed 10- day suspension which was upheld by the DoDEA Pacific Director on May 21, 2024, and set to be served from June 8-18, 2024; 5. Complainant was subjected to a hostile work environment: a. Since August 2022, Superintendent did not provide Complainant with professional support or feedback; b. On February 28, 2024, the Superintendent issued Complainant a “plan for improvement” (PI); c. On April 3, 2024, and April 30, 2024, the Superintendent issued Complainant LOIs; d. On May 2, 2024, Superintendent issued Complainant a proposed 10-day suspension which was upheld by the DoDEA Pacific Director on May 21, 2024, and set to be served from June 8-18, 2024; and e. On May 31, 2024, during Complainant’s end-of-year conference, Superintendent made inaccurate comments and 3 Complainant amended her complaint to add Claims 3-5, which included the basis of reprisal. 4 LOI informed Complainant of specific tasks related to her performance elements that needed to be completed by the suspense dates specified in the letter.
2025003624 3 told Complainant she would be charged for abusing sick leave while attending a Sorority Conference May 22 – 24, 2024. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of her right to request a hearing before an EEOC Administrative Judge (AJ). Complainant requested a hearing. Over Complainant's objections, the AJ assigned to the case granted the Agency’s April 9, 2025 motion for a decision without a hearing and issued a decision without a hearing on May 19, 2025. The Agency subsequently issued a final order adopting the AJ’s finding that Complainant failed to prove that the Agency subjected her to discrimination as alleged. The instant appeal followed. Upon careful review, we find that Complainant cannot establish a prima facie case of discrimination because the record does not include evidence on which a reasonable factfinder could find that the alleged conduct occurred because of Complainant’s protected classes. Complainant only offers broad allegations that she was discriminated against because of her protected bases without any details or supporting evidence. Her bare assertions are insufficient to prove that the alleged actions were motivated by discriminatory animus. We find that the Agency articulated legitimate, nondiscriminatory reasons for the alleged actions, and Complainant failed to establish that those reasons were a mere pretext for discrimination. Regarding Claim 1, Superintendent stated that initially Complainant’s leave request was denied and she was charged AWOL because she failed to follow DoDEA Regulation 5630.4 - Absence and Leave, by not sending the leave request in writing at least three workdays prior to her scheduled appointment, despite being previously counseled over the same issue. Nevertheless, the AWOL was never put into effect or was rescinded. Complainant asserted that Supervisee 1 and Supervisee 2, who are outside of her protected classes were treated more favorably, with respect to the use of leave. However, we find that the individuals identified by Complainant were not similarly situated. Besides both employees being supervised by Complainant, their leave issues were completely different than Complainant’s situation. One situation involved union business leave and the other situation involved Complainant not being present to “check out” the employee from work that day. Regarding Claim 2, Superintendent stated that she issued Complainant a 3-day suspension because she failed to hire timely for vacant positions (Guidance
2025003624 4 Counselor, Speech-Language Pathologist, and General Science Teacher) at the RYMS, failed to follow leave procedures, and for unexcused absences. Complainant asserted that Principal 1 and Principal 2, who are White, were treated more favorably. However, the record does not show, and Complainant did not provide evidence, that Principal 1 and Principal 2 had similar performance deficiencies and/or under similarly circumstances they were treated more favorably. Regarding Claims 3 and 5 (c), Superintendent stated that the first LOI was issued on April 3, 2024, in lieu of the PI (Claim 5(b) – the PI was rescinded), to address nine issues brought about by a January 2024 climate survey, in which parents, teachers, and students participated. The second LOI gave Complainant a second chance to complete the seven of the nine instructions that she failed to adequately address in response to the first LOI. The second LOI granted Complainant until May 10, 2024, to complete the outstanding tasks. Complainant asserted that Principal 1, Principal 2 and Principal 3 were treated more favorably. However, the record does not show, and Complainant did not offer evidence that Principal 1, Principal 2 and/or Principal 3 had similar performance deficiencies and/or that the outcome of the climate survey in their particular schools showed similar results, but they were treated more favorably. Regarding Claims 4 and 5(d), Superintendent stated that the 10-day suspension was proposed because Complainant failed to follow instructions on seven instances. Specifically, Complainant failed to work with her team to review all Special Education (SpEd) service minutes by April 12, 2024; develop a plan by April 19, 2024, to make sure all SpEd service minutes had been met; develop a schedule for the paraprofessionals with her SpEd team; enlist assistance from the District Force Protection Office to conduct a safety inspection for the purpose of exiting the building safely; and work with her Center for Instructional Leadership coach to gain insight and develop a plan for changing the culture of the school. The Agency stated that on May 21, 2024, the proposed suspension was sustained, and Complainant served the suspension from June 9 to 18, 2024. Complainant asserted that the fact that there are no disciplinary actions imposed on her White counterparts shows Superintendent’s desire to retaliate, remove her, and damage her record. However, the record does not support this assertion, and Complainant did not offer evidence of other similarly situated employees outside of her protected classes who had similar performance deficiencies as her and were treated more favorably.
2025003624 5 Regarding Claim 5(b), Superintendent stated that she issued Complainant a PI to address the deficiencies found in various climate surveys done at RYMS between June 2023 and February 2024. Specifically, the surveys found significant higher rates of dissatisfaction among teachers, parents and students at RYMS, compared to other schools in the same district. Regarding Claim 5(e), the Agency stated that Complainant admitted that she sought sick leave to attend to her mental well-being, but instead attended a sorority conference in Hawaii from May 22 – 24, 2024. Thus, Superintendent’s comments on Complainant’s possible leave abuse stemmed from legitimate concerns about the discrepancy between her stated and actual reasons for the use of sick leave. The record does not show that Superintendent acted on her comment. We find that Complainant failed to show she was subjected to discrimination or retaliation. Accordingly, we AFFIRM the Agency’s final order finding no discrimination. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M1125) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that tend to establish that: 1. The appellate decision involved a clearly erroneous interpretation of material fact or law; or 2. The appellate decision will have a substantial impact on the policies, practices, or operations of the agency. Requests for reconsideration must be filed with EEOC’s Office of Federal Sector (OFS) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015).
2025003624 6 Complainant should submit their request for reconsideration, and any statement or brief in support of their request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx. Alternatively, Complainant can submit their request and arguments to the Director, Office of Federal Sector, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFS receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files their request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. § 1614.604(f). COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124) You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by their full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint. RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without
2025003624 7 paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: T. Gimbrere __________________________ul Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 28, 2026 Date
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